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THE KUHN GROUP
COMMUNICATIONS
Travel Direct Marketing / Meeting Mailer
Terms and Conditions of Use
Please read these Terms of Service and Conditions of Use carefully
before using this site. The following terms of service and
conditions of use (the "Terms and Conditions") govern your ("You")
use of the use of, without limitation, including. THE KUHN GROUP
COMMUNICATIONS, Travel Direct Marketing & Meeting Mailer and all
content thereon (the "Site") as provided by THE KUHN GROUP
COMMUNICATIONS" or "we"). BY USING THE SITE, YOU ACCEPT AND AGREE TO
THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. If
you do not agree to these Terms and Conditions, you may not access
or otherwise use the Site.
Services Available on the Site
THE KUHN GROUP COMMUNICATIONS may make certain services available to
individuals who register on the Site ("Registered Users") and
general visitors to the Site ("Visitors") (Registered Users and
Visitors are collectively referred to as "Users"). For example,
Users may be able to register to receive an e-mail newsletter, post
comments on a bulletin board, post and respond to classified ads, or
enter a sweepstakes (collectively, "Services", and with the Site,
the "Site"). Users may also access articles and perform research.
THE KUHN GROUP COMMUNICATIONS may make certain forums available on
the Site that allow Registered Users the opportunity to participate
in moderated discussions and to post information on bulletin boards
(collectively, "Forums"). Registered Users who participate in these
Forums are solely responsible for the information and other content
they post on and through these Forums and should be aware that when
they voluntarily disclose personal information (e.g., name, e-mail
address, telephone number) on or through these Forums, that such
information is generally accessible to and may be collected and used
by other Registered Users, as well as Visitors, and may result in
unsolicited online and offline messages from such viewers.
Registered Users are encouraged to exercise discretion when
providing personal information about themselves in and through
Forums.
User Information
In the course of your use of the Site, you may be asked to provide
certain information about yourself to us ("User Information"). THE
KUHN GROUP COMMUNICATIONS information collection and use policies
with respect to such User Information are set forth in the Site
Privacy Policy. You acknowledge and agree that you are solely
responsible for the accuracy and content of the User Information.
Submitted Material
Any information or material that you submit or send to THE KUHN
GROUP COMMUNICATIONS or otherwise make available on or through the
Site ("Your Material") will be deemed not to be confidential or
secret. By submitting or otherwise making Your Material available on
the Site, you:
· Agree and acknowledge that Your Material will not be treated as
confidential or proprietary.
· Represent and warrant that Your Material:
· Is original to you and that no other party has any rights to the
material;
· Does not contain any content that is unlawful, threatening,
harassing, profane, tortuous, defamatory, vulgar, obscene, libelous,
deceptive, fraudulent,
contains explicit or graphic descriptions or accounts of sexual acts
(including but not limited to sexual language of a violent or
threatening nature directed
at another individual or group of individuals), invasive of another's
privacy, or hateful;
· Does not contain a virus or other harmful component; and
· Does not contain, unless the specific Service allows, any
advertising of any kind, or false or misleading indications of
origin or statements of fact.
· Grant THE KUHN GROUP COMMUNICATIONS the royalty-free,
unrestricted, worldwide, perpetual, irrevocable, non-exclusive and
fully sub-licensable
right and license to use, reproduce, modify, edit, adapt, publish,
translate, create derivative works from, distribute, perform and
display Your Material (in
whole or part) worldwide and/or to incorporate it in other works in any
form, media, or technology now known or later developed. You also
warrant that
any "moral rights" in Your Material have been waived.
No Endorsement
THE KUHN GROUP COMMUNICATIONS does not represent or warrant the
truthfulness, accuracy or reliability of any material posted by
others on or through the Site, nor does THE KUHN GROUP
COMMUNICATIONS endorse any opinions expressed by Users or others.
Users acknowledge that any reliance on material posted by others
will be at their own risk. Any content placed on any discussion area
by Users are the views of the User posting the statement, and do not
represent the views of THE KUHN GROUP COMMUNICATIONS
Internet Access
You acknowledge and agree that in connection with your use of the
Site you must: (a) provide for your own access to the World Wide Web
and pay any service fees associated with such access, and (b)
provide all equipment necessary for you to make such access and
connection to the World Wide Web, including a computer, software, a
modem and a means of connecting to or accessing the Internet THE
KUHN GROUP COMMUNICATIONS shall not be responsible for any
malfunctions, errors, crashes or other adverse events that may occur
from your use of the Site.
Proprietary Rights
As between you and THE KUHN GROUP COMMUNICATIONS (including our
affiliates), we are the owner and/or authorized user of any
trademark, and/or service mark appearing on the Site, and are the
copyright owner or licensee of the content and/or information on the
Site, unless otherwise indicated. Except as otherwise provided
herein, use of the Site does not grant to you a license to any
content, features, materials or hotel classifications you may access
on the Site. Any commercial use of the Site is strictly prohibited,
except as allowed herein or otherwise approved by us. You may not
download or save a copy of any of the content or screens except as
otherwise provided in these Terms and Conditions, for any purpose.
You may, however, print one (1) copy of the information on the Site
solely for your personal use or records. If you make other use of
the Site, except as otherwise provided above, you may violate
copyright and other laws of the United States, other countries, as
well as applicable state laws and may be subject to liability for
such unauthorized use. We do not grant any license or other
authorization to any user of our trademarks, service marks, other
copyrightable material or any other intellectual property, by
including them on the Site. You also agree and acknowledge that any
ideas, concepts, methods, systems, designs, plans, techniques or
other similar materials that you submit or otherwise communicate to
the Site, may be used by us in any manner.
Unsolicited Materials
Unless specifically requested, THE KUHN GROUP COMMUNICATIONS does
not solicit nor does it wish to receive any confidential, secret or
proprietary information or other material from you through the Site,
any of its services, by e-mail, or in any other way.
User Conduct
You warrant and agree that, while using the Site, you shall not:
· Upload, post or transmit to or distribute or otherwise publish
through the Site any material that violates any provision of these
Terms and Conditions;
· Restrict or inhibit any other User from using and enjoying the
Site;
· Constitute or encourage conduct that would constitute a criminal
offense or give rise to civil liability;
· Impersonate, or misrepresent your affiliation with any other
person or entity;
· Upload, post, publish, transmit, reproduce, distribute or in any
way exploit any information or other material obtained through the
Site for commercial
purposes (other than as expressly permitted by the provider of such
information or other material);
· Engage in spamming or flooding; or
· Attempt to gain unauthorized access to other computer systems
through the Site.
Except as otherwise expressly permitted herein, you may not upload,
post, publish, reproduce, transmit or distribute in any way any
component of the Site itself or derivative works with respect
thereto, as the Site is copyrighted as a collective work under U.S.
copyright laws.
We have no obligation to monitor any content on or through the Site
and we assume no obligation. You acknowledge and agree, however,
that we do retain the right to monitor the Site and to disclose any
information as necessary or appropriate to satisfy any law,
regulation or other governmental request, to operate the Site
properly, or to protect ourselves or our Users. We will not
intentionally monitor or disclose any private electronic mail
message unless required by law. We reserve the right to refuse to
post or to remove any information or materials, in whole or in part,
that, in our sole discretion, are unacceptable, undesirable,
inappropriate or in violation of these Terms and Conditions. We may
also suspend or terminate any User's use of the Site at any time in
THE KUHN GROUP COMMUNICATIONS sole discretion.
You agree to defend, indemnify and hold THE KUHN GROUP
COMMUNICATIONS its directors, officers, employees, agents and
affiliates harmless from any and all claims, liabilities, costs and
expenses, including reasonable attorneys' fees, arising in any way
from your use of the Site or the placement or transmission of Your
Material on or through the Site by you.
Limitation of Liability
In no event shall THE KUHN GROUP COMMUNICATIONS or any of its
directors, officers, employees, agents, affiliates, or content or
service providers be liable for any indirect, special, incidental,
consequential, exemplary or punitive damages arising from or
directly or indirectly related to the use of, or the inability to
use, the site or the content, materials and functions related
thereto, including, without limitation, loss of revenue, or
anticipated profits or lost business or lost sales, even if THE KUHN
GROUP COMMUNICATIONS or such individual has been advised of the
possibility of such damages. some jurisdictions do not allow the
limitation or exclusion of liability for incidental or consequential
damages so some of the above limitations may not apply to certain
users. in no event shall THE KUHN GROUP COMMUNICATIONS be liable for
or in connection with any content posted, transmitted, exchanged or
received by or on behalf of any user or other person on or through
the site. in no event shall the total liability of THE KUHN GROUP
COMMUNICATIONS to you for all damages, losses, and causes of action
(whether in contract or tort, including, but not limited to,
negligence or otherwise) arising from your use of the site exceed,
in the aggregate, any fee you may pay to THE KUHN GROUP
COMMUNICATIONS for your access to or use of the site.
Disclaimer of Warranties
The site, including, without limitation, all content, functions and
materials thereon, is provided "as is," without warranty of any
kind, either express or implied, including, without limitation, any
warranty for information, data, data processing services, or
uninterrupted access, any warranties concerning the availability,
accuracy, usefulness, or content of information, and any warranties
of title, non-infringement, merchantability or fitness for a
particular purpose. north does not warrant that the site or the
functions, features or content contained therein will be timely,
secure, uninterrupted or error free, or that defects will be
corrected. THE KUHN GROUP COMMUNICATIONS makes no warranty that the
site will meet users' requirements. no advice, results or
information, whether oral or written, obtained by you from the or
through the site shall create any warranty not expressly made
herein. if you are dissatisfied with the site or any content or
function thereon, your sole remedy is to discontinue using the site.
Links to Other Sites
You acknowledge and agree that we have no responsibility for the
accuracy or availability of information provided by Web sites to
which you may link from the Site ("Linked Sites"). Links to Linked
Sites are provided as a convenience to you, and do not constitute an
endorsement by or association with THE KUHN GROUP COMMUNICATIONS of
such sites or the content, products, advertising or other materials
presented on such sites. THE KUHN GROUP COMMUNICATIONS does not
author, edit, or monitor these Linked Sites. You acknowledge and
agree that THE KUHN GROUP COMMUNICATIONS is not responsible or
liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on
any such content, goods or services available on such Linked Sites.
Miscellaneous
The Terms and Conditions and the relationship between you and THE
KUHN GROUP COMMUNICATION shall be governed by the laws of the State
of California Atty. General, without regard to its conflict of law
provisions. You and THE KUHN GROUP COMMUNICATIONS agree that any
cause of action that may arise under this Agreement shall be
commenced and be heard in the appropriate court in the State of
California, County of Los Angeles. You and THE KUHN GROUP
COMMUNICATIONS each agree to submit to the personal and exclusive
jurisdiction of the courts located within Los Angeles County in the
State of California The failure of THE KUHN GROUP COMMUNICATIONS to
exercise or enforce any right or provision of the Terms and
Conditions shall not constitute a waiver of such right or provision.
If any provision of the Terms and Conditions is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions
of the Terms and Conditions remain in full force and effect. You
agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the
Services or the Terms and Conditions must be filed within one (1)
year after such claim or cause of action arose or be forever barred.
Modifications to the Site and the Services
We may change these Terms and Conditions from time to time and at
any time without notice to you, by posting such changes on the Site.
We reserve the right, for any reason, in our sole discretion, to
terminate, change, suspend or discontinue any aspect of the Site,
including, but not limited to, content, features or hours of
availability. By using the Site following any modifications to the
Terms and Conditions, you agree to be bound by any such
modifications to the Terms and Conditions. We may also impose limits
on certain features of the Site or restrict your access to part or
all of the Site without notice or penalty.
Digital Millennium Copyright Act Agent
We respect the intellectual property rights of others, and require
that the people who use the Site do the same. If you believe that
your work has been copied in a way that constitutes copyright
infringement, please forward the following information to the
Copyright Agent named below:
· Your address, telephone number, and e-mail address;
· A description of the copyrighted work that you claim has been
infringed;
· A description of where the alleged infringing material is located;
· A statement by you that you have a good faith belief that the
disputed use is not authorized by you, the copyright owner, its
agent, or the law;
· An electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright interest; and
· A statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the
copyright owner or
authorized to act on the copyright owner's behalf.
Applicable Laws
We control and operate this Site from our offices in the United
States of America. We do not represent that materials on the Site
are appropriate or available for use in other locations. Persons who
choose to access this Site from other locations do so on their own
initiative, and are responsible for compliance with local laws, if
and to the extent local laws are applicable.
Your California Privacy Rights
Under a provision of California law, a California resident who has
provided personal information to a business with whom he/she has
established a business relationship for personal, family, or
household purposes ("California customer") is entitled to request
information about whether the business has disclosed personal
information to any third parties for the third parties' direct
marketing purposes. Alternatively, the law provides that if the
company has a privacy policy that gives either an opt-out or opt-in
choice for use of your personal information by third parties for
marketing purposes, the company may instead provide you with
information on how to exercise your disclosure choice options.
Because this Site is intended for use on a business-to-business
basis, this provision of California law will not apply, in most
cases, to the information collected. To the extent an California
resident using this Site for personal, family, or household purposes
seeks information covered the law, this Site qualifies for the
alternative option. As stated in our Privacy Policy, users of the
Site may opt-out or opt-in to the use of your personal information
by third parties. Therefore, we are not required to maintain or
disclose a list of the third parties that received your personal
information during the preceding year for marketing purposes. To
prevent disclosure of your personal information for use in direct
marketing by a third party, do not opt-in to such use when you
provide personal information on the Site. Please note that whenever
you opt-in to receive future communications from a third party, your
information will be subject to the third party's privacy policy. If
you later decide that you do not want that third party to use your
information, you will need to contact the third party directly, as
we have no control over how third parties use information. You
should always review the privacy policy of any party that collects
your information to determine how that entity will handle your
information. California residents who utilize this Site for
personal, family, or household purposes may request further
information about our compliance with this law by e-mailing bruce@thekuhngroup.com.
You should put the statement "Your California Privacy Rights" in the
subject field of your email. Please note that we are only required
to respond to one request per customer each year, and we are not
required to respond to requests made by means other than through
this email address.
Copyright : THE KUHN GROUP COMMUNICATIONS
Your Consent To Terms and Conditions By Use Of The Site . By use of
the Site, you consent to the Terms and Conditions as specified
herein. If you do not agree to the terms of the Terms and
Conditions, please do not use the Site. Any changes to these Terms
and Conditions will be posted to the Site. |
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